Bill Text: NY A08438 | 2009-2010 | General Assembly | Introduced

New York Assembly Bill 8438 (Prior Session Legislation)

Introduced

Bill Title: Establishes Michelle and Jordan's law and relates to the penalties for participating in an unlawful speed contest or race.

Spectrum: Slight Partisan Bill (Democrat 19-8)

Status: (Introduced - Dead) 2010-01-06 - referred to transportation [A08438 Detail]

Download: New_York-2009-A08438-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8438
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 20, 2009
                                      ___________
       Introduced  by  M.  of  A. TITONE, ABBATE, ESPAILLAT, GABRYSZAK, PAULIN,
         SPANO, McDONOUGH, MOLINARO, RAIA, TOWNSEND, WALKER, FIELDS  --  Multi-
         Sponsored by -- M. of A.  BOYLAND, GUNTHER, McKEVITT, PHEFFER, REILLY,
         WEISENBERG  --  read once and referred to the Committee on Transporta-
         tion
       AN ACT enacting "Michelle and Jordan's Law"; and to  amend  the  vehicle
         and traffic law, in relation to speed contests and races
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Short title. This act shall be known and may  be  cited  as
    2  "Michelle and Jordan's Law".
    3    S  2. Section 1182 of the vehicle and traffic law, as amended by chap-
    4  ter 594 of the laws of 1987, subdivisions 1 and 2 as amended by  section
    5  9  of  part  C  of chapter 62 of the laws of 2003, is amended to read as
    6  follows:
    7    S 1182. Speed contests and races.  1. Except as  provided  in  section
    8  eleven  hundred  eighty-two-a of this article or section sixteen hundred
    9  thirty, sixteen hundred forty,  sixteen  hundred  forty-two  or  sixteen
   10  hundred  sixty  of  this  chapter,  no races, exhibitions or contests of
   11  speed shall be held and no person shall engage in or aid or abet in  any
   12  motor  vehicle  or other speed contest or exhibition of speed on a high-
   13  way. Such event, if held, shall be fully and efficiently  patrolled  for
   14  the  entire  distance  over  which  such race, exhibition or contest for
   15  speed is to be held. Participants in a race, exhibition  or  contest  of
   16  speed  are  exempted  from  compliance  with  any traffic laws otherwise
   17  applicable thereto, but shall exercise reasonable care. A  violation  of
   18  any  of the provisions of this section shall constitute a CLASS A misde-
   19  meanor and be punishable by imprisonment of not more than thirty days or
   20  a fine of not less than three hundred dollars nor more than five hundred
   21  twenty-five dollars, or both such fine and imprisonment.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08790-01-9
       A. 8438                             2
    1    2. A second conviction within twelve months of  a  violation  of  this
    2  section  SHALL  CONSTITUTE  A  CLASS E FELONY AND shall be punishable by
    3  imprisonment of [not more than six months] UP TO ONE YEAR AND ONE DAY or
    4  a fine of not less than five hundred twenty-five dollars nor  more  than
    5  seven hundred fifty dollars, or both such fine and imprisonment.
    6    S 3. This act shall take effect on the one hundred eightieth day after
    7  it  shall  have  become a law. Effective immediately the commissioner of
    8  motor vehicles may add, amend, or repeal any rule or  regulation  neces-
    9  sary for the timely implementation of this act on its effective date.